Delhi Riots Case 2020: High Court Dismisses Sharjeel Imam's Plea for Early Hearing of Bail Petition

Delhi Riots Case 2020: High Court Dismisses Sharjeel Imam's Plea for Early Hearing of Bail Petition

The Delhi High Court has dismissed a petition filed by Sharjeel Imam, seeking an early hearing of his bail plea, which has been pending for the last 28 months. Imam, a former Ph.D. student of Jawaharlal Nehru University (JNU), has been in custody since January 28, 2020, as one of the accused in the larger conspiracy case of the Delhi Riots 2020.

Dismissal of Plea for Early Hearing

The division bench, led by Justice Suresh Kumar Kait, rejected the plea, emphasizing that the bail matter is already scheduled for a hearing on October 7, 2024. The court saw no necessity for advancing the hearing date. Imam had filed this petition challenging the trial court's order, dated April 11, 2022, which had dismissed his regular bail application.

Timeline of Appeal and Delays

The plea highlighted that the appeal against the trial court’s order has been pending for 28 months, which has led to prolonged delays in the hearing of his bail petition. Imam's advocates, Talib Mustafa and Ahmad Ibrahim, argued that the appeal had been listed for hearing 62 times before seven different division benches since April 29, 2022. However, due to changes in the composition of the benches, including roster changes, judge recusals, and transfers, the hearings had not reached a conclusion.

Provisions Under NIA Act and Pending Appeal

The plea emphasized that under the NIA Act, appeals filed under Section 21 must be disposed of within three months from the date of admission. Despite this, Imam’s appeal has remained unresolved for over two years. The last substantial hearing occurred on March 19, 2024, when Imam’s arguments were concluded before a division bench of Justices Suresh Kumar Kait and Manoj Jain. However, the respondent's arguments could not be completed due to a lack of time. Subsequent hearings were scheduled but disrupted by bench changes, resulting in the postponement of final arguments.

Importance of Expediting Bail Applications

Imam’s counsel pointed out that the Supreme Court has issued multiple judgments stressing the importance of deciding bail applications swiftly, preferably within 2-4 weeks. Guidelines and directives have also been provided to high courts and district courts, urging them to adhere to these timelines. Despite these guidelines, Imam's bail plea has been delayed for an extended period.

Status of the Trial and Prosecution's Investigation

The trial in the conspiracy case, being heard in a special court, has been ongoing since 2020. However, the plea mentioned that the Prosecution's investigation is still not complete, and charges have not yet been framed. The prosecution intends to present over 1,000 witnesses, and the documents involved in the case run into lakhs of pages, further prolonging the process.

Impact on Imam's Academic Pursuits

Sharjeel Imam's continued incarceration for over four and a half years has also impacted his academic career. At the time of his arrest in January 2020, Imam was pursuing his final year of a Ph.D. in Modern History at Jawaharlal Nehru University, New Delhi. His inability to complete his doctorate due to his prolonged detention has been a point of concern raised by his defense.

Conclusion

The Delhi High Court's decision to dismiss the plea for an early hearing prolongs the uncertainty surrounding Sharjeel Imam's bail petition. As the case continues to face delays in the High Court, questions regarding the timely resolution of bail matters, the ongoing investigation, and the impact on Imam’s academic future remain unresolved.

Key Facts

- Sharjeel Imam has been in custody since January 28, 2020, in connection with the Delhi Riots 2020 case.

- His bail appeal has been pending for 28 months, with the High Court's final hearing now scheduled for October 7, 2024.

- The NIA Act requires appeals to be resolved within three months, yet Imam’s case has seen significant delays.

- The trial in the case is ongoing, with over 1,000 witnesses and lakhs of pages of documents yet to be examined.

- Imam’s continued detention has impacted his academic career, as he was in the final year of his Ph.D. at JNU at the time of his arrest.